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Mediation is an excellent way to resolve land-use conflicts

On Behalf of | Aug 17, 2023 | Real Estate Litigation

Are you involved in a land-use conflict in California? Resolving this problem can be challenging to complete independently. Fortunately, professional mediation may help you with this process.

Identify the primary issues

When dealing with land-use conflicts, identifying the primary issues is the best way to get started. Examples of these issues include the following:

  • Zoning
  • Pollution
  • Access
  • Biodiversity

Next, focus on the interests of each stakeholder and their relationship to the problem, which can include the following:

  • Quality of life
  • Economic development
  • Cultural identity
  • Environmental protection

Establishing ground rules

The mediation process will run smoother when ground rules are established. They’ll help guide each participant’s communication, ensuring the debate stays respectful, honest and open. The structure and procedures used for the mediation should also be chosen to ensure the process goes smoothly.

Discuss the options

Each shareholder should present their preferred options to solve the land-use conflict in this step. Scenario planning and mind mapping can play a role in this process. After these options have been presented, evaluating them by examining the advantages and disadvantages can help identify the best ones.

Negotiate and choose the ideal option

Agreeing on an outcome for the land-use conflict may require negotiation to derive the ideal option. Each stakeholder must be willing to bargain and compromise for an outcome to be chosen.

Implementation

After the best option has been chosen to resolve a conflict and avoid land-use litigation, it should be implemented. This step requires monitoring and review along the way, which ensures the implementation stays on track.

Following a step-by-step process to derive a solution for a land-use conflict between stakeholders can help keep it organized and encourage communication. Going this route is optimal to ensure each option is discussed and the best one implemented.